2005 Illinois Code - Chapter 740 Civil Liabilities 740 ILCS 50/ Criminal Conversation Act.
(740 ILCS 50/0.01) (from Ch. 40, par. 1950)
Sec. 0.01.
Short title.
This Act may be cited as the
Criminal Conversation Act.
(Source: P.A. 86‑1324.)
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(740 ILCS 50/1) (from Ch. 40, par. 1951)
Sec. 1.
It is hereby declared, as a matter of legislative determination,
that the remedy heretofore provided by law for the enforcement of the
action for criminal conversation has been subjected to grave abuses and has
been used as an instrument for blackmail by unscrupulous persons for their
unjust enrichment, due to the indefiniteness of the damages recoverable in
such actions and the consequent fear of persons threatened with such
actions that exorbitant damages might be assessed against them. It is also
hereby declared that the award of monetary damages in such actions is
ineffective as a recompense for genuine mental or emotional distress.
Accordingly, it is hereby declared as the public policy of the state that
the best interests of the people of the state will be served by limiting
the damages recoverable in such actions and by leaving any punishment of
wrongdoers guilty of criminal conversation to proceedings under the
criminal laws of the state, rather than to the imposition of punitive,
exemplary, vindictive or aggravated damages in actions for criminal
conversation. Consequently, in the public interest, the necessity for the
enactment of this chapter is hereby declared as a matter of legislative
determination.
(Source: Laws 1947, p. 800.)
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(740 ILCS 50/2) (from Ch. 40, par. 1952)
Sec. 2.
The damages to be recovered in any action for criminal conversation
shall be limited to the actual damages sustained as a result of the injury
complained of.
(Source: Laws 1947, p. 800.)
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(740 ILCS 50/3) (from Ch. 40, par. 1953)
Sec. 3.
No punitive, exemplary, vindictive or aggravated damages shall be
allowed in any action for criminal conversation.
(Source: Laws 1947, p. 800.)
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(740 ILCS 50/4) (from Ch. 40, par. 1954)
Sec. 4.
In determining the damages to be allowed in any action for criminal
conversation, none of the following elements shall be considered: the
wealth or position of defendant or the defendant's prospects of wealth or
position; mental anguish suffered by plaintiff; any injury to plaintiff's
feelings; shame, humiliation, sorrow or mortification suffered by
plaintiff; defamation or injury to the good name or character of plaintiff
or his or her spouse resulting from the criminal conversation complained
of; or dishonor to plaintiff's family resulting from the criminal
conversation.
(Source: Laws 1947, p. 800.)
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(740 ILCS 50/5) (from Ch. 40, par. 1955)
Sec. 5.
This act shall apply to all actions for criminal conversation
begun after the effective date of this act, even though the alleged
criminal conversation on which the action is based occurred prior to such
effective date.
(Source: Laws 1947, p. 800.)
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(740 ILCS 50/6) (from Ch. 40, par. 1956)
Sec. 6.
Nothing herein contained shall be deemed to repeal or amend any
provisions of the criminal laws of this state.
(Source: Laws 1947, p. 800.)
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(740 ILCS 50/7) (from Ch. 40, par. 1957)
Sec. 7.
This act shall be liberally construed to effectuate the objects
and purposes thereof and the public policy as herein declared. If any
section, clause, sentence, paragraph or part of this act shall for any
reason be adjudged by any court of competent jurisdiction to be invalid,
such judgment shall not affect, impair or invalidate the remainder thereof,
but shall be confined in its operation to the section, clause, sentence,
paragraph or part thereof directly involved in the controversy in which
such judgment shall have been rendered. If the application of this act, or
any part thereof, to any person or circumstances shall be adjudged by such
court to be invalid or ineffectual for any reason, such judgment shall not
affect the application of this act, or part thereof, to any other person or
circumstance.
(Source: Laws 1947, p. 800.)
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